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The new federal deficit is the government's research deficit. ----- Elon Musk's aimless cost-cutting escapades turn to the SEC where DOGE slashed their Westlaw access because no one over there is smart enough to know how legal research works. Apparently now is an opportune time to start committing securities fraud! Speaking of aimless, former judge Alex Kozinski penned a meandering opinion piece about canceling elections in case, maybe, some president might want to consider it. And a few law schools quietly reworked their websites to remove diversity language. They probably won't be the last.
The new federal deficit is the government's research deficit. ----- Elon Musk's aimless cost-cutting escapades turn to the SEC where DOGE slashed their Westlaw access because no one over there is smart enough to know how legal research works. Apparently now is an opportune time to start committing securities fraud! Speaking of aimless, former judge Alex Kozinski penned a meandering opinion piece about canceling elections in case, maybe, some president might want to consider it. And a few law schools quietly reworked their websites to remove diversity language. They probably won't be the last. Learn more about your ad choices. Visit megaphone.fm/adchoices
A very unique dynamic occurs with generative AI. LLM companies are scraping the internet for millions of works belonging to other people, photos, videos and film, forum posts, tutorials, all of this human created content meant to provide value to others in hopes of monetizing the attention, or gaining reputation from that research or creation.But without attribution or sharing of the proceeds, we can recreate, mimic, or even pull that exact content back out of the generative models. What does that mean for AI models? What does this mean for copyright? And is the only solution in the violent hand of the state, or is there a technological or cultural solution to this technological problem? It can be argued that Open AI has become the ultimate middleman, that never even sends its users to the content that makes its product valuable to begin with? In that sense, is OpenAi a breakthrough...or just a different kind of scam? Don't miss today's show. Links to check out Eight US newspapers sue ChatGPT-maker OpenAI and Microsoft for copyright infringement Dawkins (Link: https://tinyurl.com/2jywhzts) The current legal cases against generative AI are just the beginning(Link: https://tinyurl.com/ycpx2f5m) 60% of OpenAI model's responses contain plagiarism (Link: https://tinyurl.com/avch8dfs) Is A.I. Art Stealing from Artists? (Link: https://tinyurl.com/mukdju7h) Voice Stolen by AI? Scarlett Johansson Sues OpenAI in Groundbreaking Case (Link: https://tinyurl.com/3ckpnwxf) Host Links Guy on Nostr (Link: http://tinyurl.com/2xc96ney) Guy on X (Link: https://twitter.com/theguyswann) Guy on Instagram (Link: https://www.instagram.com/theguyswann) Guy on TikTok (Link: https://www.tiktok.com/@theguyswann) Guy on YouTube (Link: https://www.youtube.com/@theguyswann) Bitcoin Audible on X (Link: https://twitter.com/BitcoinAudible) The Guy Swann Network Broadcast Room on Keet (Link: https://tinyurl.com/3na6v839) Check out our awesome sponsors! Get 10% off the COLDCARD with code BITCOINAUDIBLE (Link: bitcoinaudible.com/coldcard) Swan: The best way to buy, learn, and earn #Bitcoin (Link: https://swanbitcoin.com) "Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain. Nothing today, likely nothing since we tamed fire, is genuinely new: Culture, like science and technology, grows by accretion, each new creator building on the works of those who came before. Overprotection stifles the very creative forces it's supposed to nurture."- Alex Kozinski
Hillary and Tina cover Judge Alex Kozinski. Judge Alex Kozinski, accused of sexual misconduct, remained hidden in the shadows for decades. BUT, the advent of #MeToo brought his actions into the spotlight. Hillary's Story CBS News Judge Alex Kozinski steps down after allegations of sexual misconduct (https://www.cbsnews.com/news/judge-alex-kozinski-steps-down-after-allegations-of-sexual-misconduct/) Forbes He's Back. After Resigning, Federal Judge Accused of Sexual Harassment Returns As A Practitioner (https://www.forbes.com/sites/patriciagbarnes/2019/12/06/hes-back-after-resigning-federal-judge-accused-of-sexual-harassment-returns-as-a-practitioner/?sh=3bf01fde5388)--by Patricia Barnes Los Angeles Times Porn trial in L.A. is halted (https://www.latimes.com/archives/la-xpm-2008-jun-12-me-kozinski12-story.html)--by Scott Glover NPR Federal Appeals Judge Alex Kozinski Accused Of Sexual Harassment (https://www.npr.org/sections/thetwo-way/2017/12/08/569559223/federal-appeals-judge-alex-kozinski-accused-of-sexual-harassment)--by Ina Jaffe Politico Federal appeals court judge steps down amid sexual misconduct probe (https://www.politico.com/story/2017/12/18/alex-kozinski-retire-sexual-misconduct-allegations-302251)--by Cristiano Lima Reuters Trump hires former 9th Circuit judge Kozinski for Twitter court fight (https://www.reuters.com/world/us/trump-hires-former-9th-circuit-judge-kozinski-twitter-court-fight-2022-07-02/)--by Jacqueline Thomsen and Mike Scarcella Slate I Received Some of Kozinski's Infamous Gag List Emails. I'm Baffled by Kavanaugh's Responses to Questions About Them (https://slate.com/news-and-politics/2018/09/kavanaugh-kozinski-gag-list-emails-senate-hearings.html).--by Heidi Bond Wikipedia Alex Kozinski (https://en.wikipedia.org/wiki/Alex_Kozinski) Photos Alex Kozinski (https://www.politico.com/dims4/default/88555d2/2147483647/strip/true/crop/1160x629+0+0/resize/1260x684!/quality/90/?url=https%3A%2F%2Fstatic.politico.com%2Fc1%2F58%2F4655e228421c9925acde0e090210%2F171218-alex-kozinski-ap-1160.jpg)--by J. David Ake from AP via Politico Brett Kavanaugh (https://upload.wikimedia.org/wikipedia/commons/thumb/3/37/Associate_Justice_Brett_Kavanaugh_Official_Portrait_%28full_length%29.jpg/1024px-Associate_Justice_Brett_Kavanaugh_Official_Portrait_%28full_length%29.jpg)--by Fred Schilling/Public Domain via Wikipedia
EPISODE 112: COUNTDOWN WITH KEITH OLBERMANN A-Block (1:42) SPECIAL COMMENT: Garland has to go - and NOT because he appointed a Special Counsel; that'll probably work to Biden's advantage. We have to have somebody there to protect the Trump Investigation and Merrick Garland has again shown he's not smart enough to be trusted with doing it. Garland has to go because of a question nobody's asking: Who illegally leaked this confidential investigation to CBS News? How could it leak barely four days after the internal recommendation to name a Counsel? How could Garland have handed this case requiring ultimate secrecy to a Trump appointee? How could he NOW hand the case over to a DIFFERENT Trump appointee who used to clerk for Justice Rehnquist and has his own page as a "contributing expert" to The Federalist Society? We've all long had reasons to question Merrick Garland's intelligence and savviness, but these are the last straws. He's just no damn good at this, and right now we have no margin for error for a guy whose Department of Justice is a sieve, and doesn't understand the realities of the Trump cult. B-Block (16:48) SPECIAL COMMENT No. 2: This is the third time I have suggested Garland must either act or resign. In September, as Trump tried to block the Mar-a-Lago investigation via the "Special Master" there was a way around the stall for Garland. And he just sat back and did nothing. C-Block (25:30) SPECIAL COMMENT No. 3: And in October, Garland seemed to willfully ignore that week-long orgy of Trump's boastful confessions about the documents he stole. (40:45) It's so bad that there's even a James Thurber fable, the moral of which is the story of Merrick Garland. It's called "The Bear Who Let It Alone."See omnystudio.com/listener for privacy information.
This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showSam Bankman-Fried is in serious trouble! And he has a strategy: tweet through it. We talk about the legal risks that come from tweeting through your legal risks — it's not just that SBF risks providing evidence to help the government prove he committed crimes; he may also be committing new crimes, like wire fraud, in real time. For all listeners, we have a breakdown of the lessons in what-not-to-do from SBF. For premium subscribers, we also look at serious trouble for Elon Musk. He was in the Delaware Chancery Court this week — not to be forced to buy Twitter, but to answer a shareholder lawsuit about his compensation at Tesla. And we have updates on Donald Trump. In the Mar-a-Lago documents case, his lawyers' arguments seem designed to try the patience of Special Master Raymond Dearie. And in one civil lawsuit, his lawyers are facing Rule 11 sanctions — you have to behave really badly for that to happen — while in another lawsuit (against Elon Musk's Twitter!) he's picked up a prestigious, if checkered, legal advocate: former appellate judge Alex Kozinski.Visit serioustrouble.show to become a paying subscriber of the show and you'll get all of our future full length episodes.
Join The Atlas Society CEO Jennifer Grossman as she talks to former 9th Circuit Judge Alex Kozinski on the 84th episode of The Atlas Society Asks. Listen as the two discuss Kozinski's childhood in Communist Romania, introduction to Ayn Rand, and the government-forced lockdown and vaccine mandates in America.
Dyson Heydon has spent more than half his life with the banner of “brilliant legal mind.” What are the perks of being labeled a “brilliant legal mind”? In Australia, it apparently means you can harass and violate young women without any accountability.This week, we chat about male judges like Heydon and Brett Kavanaugh and Alex Kozinski, and their criminal behaviour. In this country's most powerful legal institutions, the perpetual unmitigated acclaim that powerful men give each other ensures the systemic harassment and assault of the industry's most vulnerable members – young women – continues. It effectively ensures women are kept out.Powerful men target a woman's most vulnerable (and, according to society, her most valuable) asset: her sexuality. They know by doing this, women are reduced to pieces of meat. It's a strategy – to exert power, keep us out, to destroy every other part of us. And, often, they succeed.Also discussed: being a follower is boring, capitalist advocacy, Fleabag. ArticlesJohnson & Johnson Will Stop Selling Skin-Whitening Lotions (NYTimes, June 2020) Dyson Heydon Says addressing Liberal Party Fundraiser Does Not Mean He Supports The Liberal Party (Sydney Morning Herald, 2015) Two High Court judges 'knew of complaints against Dyson Heydon' ( Sydney Morning Herald, 2020) TV ShowsFleabag (Seasons 1 & 2) Amazon Prime BooksEggshell Skull (Bri Lee, 2018)She Said (Jodi Kantor & Megan Twohey, 2019)The Education of Brett Kavanaugh | An Investigation ( Robin Pogrebin Kate Kelly, 2019) Facebook | Asian Bitches Down Under Instagram | Asian Bitches Down Under
On January 30-31, 1987, the Federalist Society hosted its annual National Lawyers Convention at the Mayflower Hotel in Washington, DC. The topic of the convention was "Changing the Law: The Role of Lawyers, Judges, and Legislators". The fourth panel occurred on the second day of the convention, discussing "The Open-Ended Clauses of the Constitution: Due Process, Privileges or Immunities, the Guarantee Clause and the Ninth Amendment".Featuring:Prof. Lino Graglia, University of Texas Law SchoolFloyd Abrams, Cahill, Gordon & ReindelHon. Alex Kozinski, U.S. Court of Appeals, Ninth CircuitMorton Halperin, ACLUModerator: Hon. Stephen Williams, U.S. Court of Appeals, D.C. CircuitIntroduction: William Bradford Reynolds, Assistant Attorney General of the United States*******As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
On January 30-31, 1987, the Federalist Society hosted its annual National Lawyers Convention at the Mayflower Hotel in Washington, DC. The topic of the convention was "Changing the Law: The Role of Lawyers, Judges, and Legislators". The fourth panel occurred on the second day of the convention, discussing "The Open-Ended Clauses of the Constitution: Due Process, Privileges or Immunities, the Guarantee Clause and the Ninth Amendment".Featuring:Prof. Lino Graglia, University of Texas Law SchoolFloyd Abrams, Cahill, Gordon & ReindelHon. Alex Kozinski, U.S. Court of Appeals, Ninth CircuitMorton Halperin, ACLUModerator: Hon. Stephen Williams, U.S. Court of Appeals, D.C. CircuitIntroduction: William Bradford Reynolds, Assistant Attorney General of the United States*******As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Today's Rapid Response Friday tackles (1) Paul Manafort's plea deal and (2) the surprise resumption of the Senate Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, which are discussed in depth on Episode 158 of Serious Inquiries Only. What should you look for during Monday's hearings? Listen and find out! We begin with an acknowledgment of the story sent to us by several hundred thousand listeners regarding crazy person Cody Wilson. After that, it's time for an important Andrew Was Wrong: Paul Manafort did not plea over the weekend; he pled guilty pretty much the second we stopped recording! We break down everything there is to know about his deal, including the strong incentives Manafort has not only to cooperate but to roll over and expose his belly to Mueller's team in hopes of being thrown a bone or two. Oh, and we time-travel back to the 19th century to answer a super-interesting listener question on asset forfeiture! Then, it's time to discuss Kavanaugh again, in light of the troubling accusations made by Dr. Ford and other issues, including the Democratic Senators's FOIA lawsuit compelling the production of Kavanaugh's documents that are being withheld while the Republicans try and cram through his nomination. It's not a pretty segment, but we think you'll walk away equipped to understand Monday's hearings. After all that, we end with an all new Thomas Takes The Bar Exam #94 regarding Congressional delegation of rule-making authority. Will Thomas get back on track with just one extra wrong answer to give in the next six questions? Yu'll have to listen and find out! And, of course, if you'd like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag. We'll release the answer on next Tuesday's episode along with our favorite entry! Appearances Andrew will be debating originalist (and Kavanaugh clerk!) Justin Reed Wilson in Louisville, Kentucky on September 27; click here for the Facebook RSVP link if you'd like to attend! Show Notes & Links For an in-depth analysis of Dr. Ford's allegations against Kavanaugh, listen to Episode 158 of Serious Inquiries Only. You should really read through Mr. Ostrich-Jacket's plea deal for yourself. (And yes, that's the show graphic.) This is the TPM article Andrew criticizes; as you'll see from the Sentencing Table, Manafort faces 210-262 (or more) months in prison. Here's the polling aggregator from our friends at 538.; as of today, Democrats have a 1-in-3 chance of retaking the Senate. Click here to read Blumenthal v. US Nat'l Archives, the FOIA complaint filed by the Senate Judiciary Democrats, and here to read the Motion for TRO (which does not yet have an accompanying Memorandum). FOIA is 5 U.S.C. § 552. Finally, this is the text of the Sanai letter describing Alex Kozinski and seeking an investigation into Kavanaugh's knowledge and testimony. Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! For show-related questions, check out the Opening Arguments Wiki And email us at openarguments@gmail.com
Citizens United vs. Federal Election Commission is one of the most polarizing Supreme Court cases of all time. So what is it actually about, and why did the Justices decide the way they did? Justice Anthony Kennedy, often called the “most powerful man in America,” wrote the majority opinion in the case. In this episode, we examine Kennedy’s singular devotion to the First Amendment and look at how it may have influenced his decision in the case. The key voices: Kai Newkirk, 99 Rise Michael Boos, vice president and general counsel of Citizens United Jim Bopp, lawyer, The Bopp Law Firm Marcia Coyle, chief Washington correspondent for The National Law Journal Jeffrey Rosen, president and CEO of the National Constitution Center, a contributing editor of The Atlantic, and a nonresident senior fellow at the Brookings Institution Jeffrey Toobin, writer and contributor to The New Yorker and CNN Michael Dorf, professor of law at Cornell University and former clerk to Justice Anthony Kennedy Alex Kozinski, circuit judge in the U.S. Court of Appeals for the Ninth Circuit and former clerk to Justice Anthony Kennedy** The key cases: 2010: Citizens United vs. Federal Election Commision The key links: Citizens United "Money Unlimited," by Jeffrey Toobin Correction: A earlier version of this episode misstated the date of the last day of the 2009 term. Additional music for this episode by: Gyan Riley Kevin MacLeod "Bad Ideas (distressed)"Kevin MacLeod (incompetech.com)Licensed under Creative Commons: By Attribution 3.0http://creativecommons.org/licenses/by/3.0/ Special thanks to Justin Levitt, Guy-Uriel Charles, William Baude, Helen Knowles, and Derek John. Leadership support for More Perfect is provided by The Joyce Foundation. Additional funding is provided by The Charles Evans Hughes Memorial Foundation. Supreme Court archival audio comes from Oyez®, a free law project in collaboration with the Legal Information Institute at Cornell. **This episode was taped prior to The Washington Post's reporting on Judge Alex Kozinski which was published on December 8, 2017.
Federal judge Alex Kozinski says the American criminal justice system needs more than minor tweaks to repair its gross injustices. See acast.com/privacy for privacy and opt-out information.
January 2016 featuring Flemming Rose, Jonathan Turley, George S. Tavlas, Hon. Alex Kozinski, Matt Ridley See acast.com/privacy for privacy and opt-out information.
The Supreme Court has instructed in clear terms that the duty of the Federal prosecutor in a criminal prosecution "is not that it shall win a case, but that justice shall be done." Berger v. United States, 295 U.S. 78, 88 (1935). Yet the news pages are filled with examples of Federal prosecutorial overreach. In its term just ended, the Supreme Court reversed six of seven criminal convictions that reached it, several all involving some form of over criminalization that can lead to prosecutorial overreach. And large categories of prosecutorial overreach never reach the Supreme Court, from dozens of convictions of "insider trading" by non-insiders (now found not to be a crime by the Second Circuit); to civil forfeitures of property of legitimate small businesses never charged with a crime; to multi-billion dollar settlements of the thinnest of charges with large banks, pharmaceutical companies, and individuals that cannot take any risk of a criminal conviction; to what one jurist has described as an “epidemic of Brady violations abroad in the land." -- The panel will explore whether prosecutorial overreach has become epidemic. It will also explore potential remedies ranging from reducing the number of crimes, to sentencing reform, plea bargain reform, civil forfeiture reform, and more. Finally, it will ask who should take action to control prosecutorial overreach? Should it be the state bars? Should the courts be more aggressive? Or, is the task primarily one for Congress? If so, what are the most promising avenues of reform? -- This panel was presented at the 2015 National Lawyers Convention on Saturday, November 14, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Hon. Alex Kozinski, U.S. Court of Appeals, Ninth Circuit; Mr. John G. Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation; Hon. George J. Terwilliger III, Partner, McGuireWoods LLP; and Ms. Darpana M. Sheth, Constitutional Litigator, Institute for Justice. Moderator: Hon. Keith R. Blackwell, Associate Justice, Supreme Court of Georgia. Introduction: Mr. John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP.
Many attorneys see a judgeship as the pinnacle of professional achievement in the legal world. It could be the visibility of judges, their unquestioned decision-making authority, the absence of clients, life tenure, or some other aspect of being a judge. Our panel of judges will discuss the realities of a career on the bench. The panelists will share their thoughts on topics as diverse as the role of the judiciary, judicial philosophy, stare decisis and precedent, opinions and dissents, the judicial appointment process, the state of the legal profession, and much more. -- This panel was presented at the 2015 National Lawyers Convention on Saturday, November 14, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Hon. Brett Kavanaugh, U.S. Court of Appeals, D.C. Circuit; Hon. Alex Kozinski, U.S. Court of Appeals, Ninth Circuit; Hon. Diarmuid F. O'Scannlain, U.S. Court of Appeals, Ninth Circuit; Hon. Jerry Smith, U.S. Court of Appeals, Fifth Circuit; and Hon. David Stras, Associate Justice, Supreme Court of Minnesota. Moderator: Hon. David B. Sentelle, U.S. Court of Appeals, D.C. Circuit. Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society.
How would federal appeals court judge Alex Kozinski change the American criminal justice system? See acast.com/privacy for privacy and opt-out information.
Brandon Garrett is one of the leading scholars on the problem of getting it wrong in criminal cases. Eyewitnesses who believe they know what they do not know, suspects who confess to crimes they did not commit, and the actually guilty parties who go free when convict the innocent: why and how does this happen? This show’s links: Brandon Garrett’s faculty profile, author page, and writing Hold Up!, the (probably) one-off movie podcast we recorded Oral Argument 44: Serial Brandon Garrett, The Banality of Wrongful Executions Brandon Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong Brandon Garrett, Contaminated Confessions Revisited About Elizabeth Loftus Oral Argument 48: Legal Truth (guest Lisa Kern Griffin), discussing Lisa Kern Griffin, Narrative, Truth, and Trial; see also links and discussion from Oral Argument 45: Sacrifice James Liebman et al., The Wrong Carlos, a fascinating website collecting photos, interviews, and other evidence concerning the conviction and execution of Carlos DeLuna, who was likely innocent This American Life, Confessions, Act One, an interview with Jim Trainum about botched confessions Benjamin Weiser, Settlement Is Approved in Central Park Jogger Case, but New York Deflects Blame National Research Council, Identifying the Culprit Alex Kozinski, Criminal Law 2.0 About the Criminal Cases Review Commission Innocence Project at the UVA School of Law Special Guest: Brandon Garrett.